Loading...
HomeMy WebLinkAboutMN-CC-2007-11-28COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 6:00 p.m. November 28, 2007 PRESENT: Mayor Peterson Alderpersons (8) Coles, Berry, Clairborne, Tomlan, Zumoff, Gelinas, Townsend, Cogan OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman EXCUSED: Alderpersons (2) Dotson, Korherr PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. SPECIAL ORDER OF BUSINESS: 3 4-MONTH EXTENSION OF OFF-LEASH DOG AREA AT THE “FESTIVAL LANDS” Proposed Resolution By Alderperson Cogan: Seconded by Alderperson Zumoff WHEREAS, on October 4, 2006, Common Council approved a temporary rescission of the “leash law” at the City-owned “Festival Lands” adjacent to Allan H. Treman State Marine Park, starting on December 1, 2006, and extending until December 1, 2007; and WHEREAS, the Board of Public Works subsequently promulgated and posted rules for use of the temporary Off-Leash Dog Area (OLDA); and WHEREAS, on January 3, 2007, Common Council approved a resolution whereby: (1) Council declared its intention “to find a suitable site, within or in close proximity to the City, where a permanent, safe and attractive off-leash area for dogs could be located, without significant impact on the environment;” (2) in response to concerns about possible bird-nesting in the so-called “tall grass” (unmowed) parts of the Festival Lands, Council directed that the boundaries of the OLDA be modified to exclude the tall grass areas (as well as a trail leading toward the Lake); (3) Council declared that the decision to create a temporary OLDA was a Type II action exempt from environmental review; (4) Council declared that a decision to create a permanent OLDA - at the Festival Lands or at either of two other City-owned sites listed as possibilities (land south of Cherry Street, along the Flood Control Channel, and a portion of the substitute park land south of the NYS fish ladder on the Cayuga Inlet) - would be an Unlisted Action, subject to environmental review; (5) Council declared its intention to be lead agency for the environmental review of the proposal that the City create a permanent OLDA (which intention was not contested by any other involved agency); (6) Council directed the Planning Department to identify and evaluate at least three potential locations (including those cited above) for a permanent OLDA, which evaluation was to include collection and analysis of data regarding the actual interaction of off-leash dogs at the Festival Lands site with nearby areas of wildlife habitat; (7) Council reiterated its intention “to collaborate with office of New York State Parks, in an attempt to address and resolve the interests of the two governmental entities, with regard to use of the Festival Lands, the need for a suitable off-leash dog area and the need to protect the natural environment;” and WHEREAS, to date, the above-referenced environmental review has not been completed, and funding for the estimated cost thereof has not been allocated; and WHEREAS, a field study of the behavior of off-leash dogs at the temporary OLDA (at the Festival Lands) was conducted by a consultant retained by the City over the course November 28, 2007 2 of 19 days (and at various times during the day, for a total of 35 observations) during August 2007; and WHEREAS, in the draft report on the study, it is reported that: (1) not including 5 observations on the first 2days of the study (when the OLDA boundary signs were missing), a total of 246 222 dogs were observed seen within the OLDA, on the 35 reported 30 occasions; (2) during the same observation periods, a total of 65 54 off-leash dogs were seen outside of the designated boundaries of the OLDA, in violation of the posted rules; (3) of these violators 54 dogs, 32 23 were seen on the mowed lawn of the adjacent State Park, 18 were observed to be “in the natural area known as “Hog Hole” wetland area (recently explained by Peter Trowbridge to mean that these dogs were observed to leave the path located east of the Hog Hole wetland area and adjacent woods, and to enter the wooded area), and 15 13 were observed to be along on State Park lands “near the Lake shore;” (4) over the course of the study, no dogs at all (leashed or unleashed) were observed in the tall-grass areas; (5) over the course of the study, only 2 instances of what the observer deemed to be “inappropriate” dog behavior (e.g., biting or threatening actions) were observed (both within the OLDA), while 10 instances of “moderately appropriate” dog behavior (dogs uncontrolled but no harmful behavior toward other dogs or humans) were observed (all but one occurring inside the OLDA); and WHEREAS, the draft report does not indicate whether the presence or behavior of unleashed dogs in the Hog Hole or lake shore areas outside the boundaries of the designated OLDA had an observable impact on the natural environment, which question would need to be addressed in any environmental review; and WHEREAS, some citizens have expressed concern that they are unable to enjoy the Treman State Marine Park, and particularly the areas near the lake shore, without having unwelcome encounters with off-leash dogs outside of the designated OLDA (especially within the unfenced corridor that must be traversed to reach the area of the State Park overlooking or along the lake shore, which corridor was intended to be kept free of unleashed dogs, per the posted rules); and WHEREAS, the NYS Office of Parks, Recreation and Historical Preservation has expressed its strong opposition to the temporary OLDA at the Festival Lands and has simultaneously sought to secure title to a parcel of land on the Inlet Island, currently owned by the NYS Department of Environmental Conservation, which is important to the City with regard to any comprehensive redevelopment of the northerly portion of Inlet Island; and WHEREAS, at a meeting in September 2007, called by the Mayor to explore a more collaborative approach to matters involving the City and State Parks, representatives of State Parks reiterated the agency’s concerns about the current OLDA, and proposed that the City grant State Parks authority to manage (but not own) the Festival Lands on a long-term basis, consistent with the Master Plan for Treman State Marine Park, in exchange for which State Parks would drop its pursuit of the DEC parcel on Inlet Island, clearing the way for City acquisition; and WHEREAS, discussions between the City and State Parks are ongoing, and appear to offer the possibility of cooperation with regard to several other important matters of past or current concern, as well as the eventual possibility of a permanent OLDA, designed and managed by State Parks, at a suitable location within the Festival Lands/State Park complex; and WHEREAS, representatives of State Parks have indicated that while the agency does not support any extension of the current, temporary OLDA at the Festival Lands, a short extension over the winter months should not jeopardize the ongoing discussions and November 28, 2007 3 negotiations regarding management of the Festival Lands and the DEC parcel on Inlet Island; now therefore be it RESOLVED, That Council hereby determines that a short (3 4-month) extension of the current Off-Leash Dog Area (on a portion of the Festival Lands), over the coming winter months (when use of the area can be expected to decline due to weather factors, and in light of the fact that observed behavior of off-leash dogs indicates virtually no use of the tall-grass areas said to be frequented by nesting birds, and relatively few instances of off-leash dog use of the lake shore or Hog Hole areas), would be a “minor temporary use of land having negligible or no permanent impact on the environment,” thus qualifying as a Type II action under the State Environmental Quality Review Act and the City Environmental Quality Review Ordinance; and be it further RESOLVED, That the existing, temporary exemption of a portion of the Festival Lands from the “leash law” (§164-9 of the Ithaca City Code) will be continued until March 1 April 3, 2008, by means of an ordinance intended to accompany this resolution; and be it further RESOLVED, That the Superintendent of Public Works be directed to ensure that a suitable, temporary, low fence is erected along the easterly boundary of the designated OLDA (parallel to the bank of the marina basin), to demarcate a corridor (approximately 20 feet wide, measured from the top of the marina basin bank) between the adjacent parking area and the portion of Treman State Marine Park north of the marina basin, which corridor is intended to be free from off-leash dogs, and along the northerly boundary of the OLDA, between the northerly end of the afore-mentioned corridor and the wooded area to the west (with an opening at or near the westerly end), and that the sum of $2,500.00 $2,000.00 for materials be allocated from 2007 unrestricted contingency monies (Account No. ______) to fund such temporary fencing. Alderperson Berry arrived at the meeting at 6:10 p.m. Alderperson Cogan reviewed the proposed changes to the original resolution that was provided with the agenda. Alderperson Townsend arrived at the meeting at 6:15 p.m. Alderperson Zumoff spoke in favor of the resolution and noted that he has received a lot of correspondence from constituents in favor of the extension of the leash law exemption. He further noted that boats are not allowed in Allen H. Treman Marina until May 1st and suggested that perhaps the leash law exemption could be extended until then. He stated that the City has many recreational facilities that are dedicated to particular uses (swimming pools, ice rink, skate park, etc.) so he believes that it is reasonable to have a piece of land dedicated to an off-leash dog park. The park is available for anyone to use so he does not believe that it is a restricted use of the property. Alderperson Cogan noted that he has also received a lot of correspondence on this issue and explained that the proposed resolution is an attempt at a compromise. He noted that he did not suggest a longer exemption as April is considered a Spring month and there are conflicts with migratory birds in the park during that time. He stated that the fence would enable people to use the area while staying away from the dogs. He further explained how Portland, Oregon uses a combination of bollards and fences in their dog parks. He reiterated that the primary goal is to find a permanent solution and believes that negotiations with NYS Parks could lead to that solution. Alderperson Coles stated that she would not support the resolution as many of the users of the dog park are not city residents and she does not feel that it is appropriate for the city taxpayers to pay for the full costs of a recreational facility that benefits the entire county and even adjacent counties. Alderperson Clairborne questioned what work would be conducted during the four month extension period. Mayor Peterson responded that discussions are ongoing with NYS Parks Officials regarding a land use management agreement. She stated that she would like to host a Mayor’s Forum to discuss all of the elements of this issue such as November 28, 2007 4 the needs of the dog park users, concerns of State Parks/Allen H. Treman Marina, the Inlet Island clean-up and development potential, the Coast Guard needs, protection of the Festival Lands, etc. She stated that she would like to have a panel presentation with the participation of all of the stakeholders. Mayor Peterson explained that this discussion has been on-going since the mid 1980’s. During the next four months she would like to map out future plans, goals, and meetings, similar to the format used in the Collegetown Visioning process. Alderperson Clairborne requested that the cost factor be included in these discussions to alleviate the tax burden on city residents. Mayor Peterson responded that NYS Parks would be paying for some of the maintenance costs (mowing, etc) if a land management agreement is in place. She further noted that additional research would be conducted and parameters need to be established to determine what kind of dog park would be made available and what the rules and regulations would be. Alderperson Tomlan noted that cost-sharing with other municipalities is very important. She stated that she understands the value of the off-leash dog area, and supports the 4-month extension and the Mayor’s structured approach to a permanent solution. She further stated that she would only support this resolution if it included a fence, with two gates, around the entire OLDA. Alderperson Tomlan further reported that the Parks Commission is opposed to having an off-leash dog area in the Festival Lands and has passed (2) resolutions (July, 2006 and November, 2007) to state their opinion. Amending Resolution By Alderperson Tomlan: Seconded by Alderperson Clairborne RESOLVED, That the language in the last Resolved clause be amended to add a full fence with 2 gates and the necessary cost increase. Discussion followed on the floor regarding the projected cost of the fence. Alderperson Zumoff noted that the extension is only for a 4-month period during the winter season and that a fence is not really needed at this time because the number of people using the park is significantly reduced. Amendment to the Amendment By Alderperson Cogan: Seconded by Alderperson Clairborne RESOLVED, That the Amending Resolution be amended to read as follows: “RESOLVED, That the language in the last Resolved clause be amended to add a full fence with 2 gates at a cost not to exceed $6,000 for materials. Ayes (6) Berry, Clairborne, Zumoff, Tomlan, Gelinas, Cogan Nays (2) Townsend, Coles Carried (6-2) Alderperson Gelinas stated that he can’t support the resolution overall as he wants to see a permanent solution and all of the corresponding issues resolved. He further stated that the initial temporary exemption was adopted 1 year ago and now there is a proposal to extend for 4 additional months. He doesn’t feel this action is geared toward achieving the final goal. Alderperson Berry stated that she will support the amendment for the full fence as Alderperson Tomlan’s support is needed for the final vote to extend the exemption. She further explained that city residents use the dog park too as evidenced by all of the e- mails she has been receiving and reading. Alderperson Cogan spoke in support of the amending resolution. Alderperson Coles reiterated the City’s burden of paying the full amount for recreation facilities that serve the County and noted the recent budget discussions where additions to the budget were not approved in an attempt to keep the tax rate increase low. Alderperson Clairborne stated that he supports the amendment as a compromise. November 28, 2007 5 Amending Resolution as Amended A vote on the amending resolution as amended resulted as follows: Ayes (5) Berry, Clairborne, Zumoff, Tomlan, Cogan Nays (3) Coles, Gelinas, Townsend Failed (5-3) Alderperson Berry stated that she feels sad that people felt pitted against each other over this issue and hopes that those feelings will subside in time. She further responded to comments made to her about TCDOG “strong-arming” Council members. She stated that she never felt “strong-armed” , and she encouraged other groups to organize and share their ideas and concerns with Common Council. She noted that she has full confidence that City leaders will bring this issue to a resolution. Motion to Table By Alderperson Cogan: Seconded by Alderperson Zumoff RESOLVED, That the Motion be tabled until the December 5, 2007 meeting. Ayes (5) Berry, Clairborne, Zumoff, Gelinas, Cogan Nays (3) Tomlan, Townsend, Coles Failed (5-3) Main Motion A vote on the Main Motion resulted as follows: Ayes (5) Berry, Clairborne, Zumoff, Townsend, Cogan Nays (3) Tomlan, Gelinas, Coles Failed (5-3) ADJOURNMENT: On a motion the meeting adjourned at 7:00 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor